A meeting of the Board of Trustees of
the Village of Trenton, NE, was convened in open and public session, Tuesday, April
12, 2016 at 6:30p.m. at the Village Office. Present: Chairman Rundel,
Trustees McArthur, Neely, and Poppert, Clerk McKain, Attorney Schroeder, Kyle
Drain, Larry Evans, Jessy Kauffman, Aaron Leggott, Phil McDonald, Samantha Rife
and Judy Todd. Vice-Chairman Frakes was absent. Availability of the agenda
was communicated in advance notice and in the notice sent to the Chairman and
Trustees of the meeting. All proceedings hereafter shown were taken while the
meeting was open to the public.
Roll Call was taken at 6:30pm and
quorum was verified.
Citizen
Forum: J. Todd made
a complaint against a pit bull dog that attacked her dog while on a walk. Todd
stated she was pretty sure the dog belonged to K. Breidenbach. Todd also
stated the dog has “charged” at her several times. Schroeder stated the
ordinance is on the agenda and once approved, the Animal Control Director may
declare the dog dangerous and the village would process as the ordinance
allows.
K.
Drain inquired about the ordinance on animals. He asked that all ordinances be
enforced.
Motion
made by Neely and second by McArthur to approve agenda. Ayes: McArthur, Neely,
Poppert, and Rundel. Nays: None. Absent: Frakes. Motion carried.
Motion
made by McArthur and second by Poppert to approve the March 23, 2016 meeting
minutes. Ayes: McArthur, Neely, Poppert, and Rundel. Nays: None. Absent:
Frakes. Motion carried.
Motion
made by McArthur and second by Neely to approve treasurer’s report. Ayes: McArthur,
Neely, Poppert, and Rundel. Nays: None. Absent: Frakes. Motion carried.
Attorney
Schroeder discussed the ordinance for vicious dogs, which is set for approval
later in the meeting. Attorney Schroeder left the meeting at 7:23pm.
Utility
Superintendent Reports: Electric
Department: Leggott
reported department is running well. Water Department: Leggott stated he
could not report on the water conference that Vrbas attended. Leggott stated
the village lost the water contest by one point. Leggott provided a quote for
total upgrade and repair of the South well. Rundel asked that a quote be
obtained for the North well too. Sewer Department: Leggott stated the
department is running well. Trash Department: Leggott reported Stratton
will host a clean-up day and two dump trailers were being utilized on April 15th
for Stratton. Street Department: Leggott stated the department is
running well. Park Department: Leggott stated he will begin mowing the
park on a regular basis and some sprinkler heads are being replaced. Leggott
stated they have been working on cleaning up the ball field. Pool
Department: Leggott stated McKain and Vrbas will attend pool operator
class on April 20th. CPR class is scheduled for April 30, 2016 and
Lifeguard certification is scheduled for May 23-26, 2016 and Lifeguard
re-certification is scheduled for May 26th. Only one lifeguard
application has been received. A discussion was made and it was decided to
continue to take pool applications until May 10, 2016. If there is a lack of
applicants, the pool will not open for the 2016 season.
Animal Control: Leggott stated there are 22 cats and 160
dogs licensed within the village for the 2016 year. There were 5 warnings for
failure to license, 3 warning for running at large, 7 citations for failure to
license and 0 citations for running at large during the month of March 2016
Village
Office: McKain
stated there were no deposits to return this month. McKain stated she
continues to review a sample employee handbook from LARM, Re-codification and
disaster plan. This process is taking more time to complete due to the lack of
support in the office. McKain stated the application for the 2016 scrap tire
grant is awaiting results. McKain stated the audit had been submitted to the
State Auditor. Mckain provided information for the LARM worker’s compensation
Audit. McKain stated the license for Channel 4 was approved and expires on
June 1, 2022. McKain stated the Pool Operating Permit was received for the
2016 season. McKain stated a representative from PowerManager is scheduled for
a demonstration on April 18, 2016. McKain provided a bad debt write-off as
suggested by the Auditor. Several of these accounts were from 2010-2013 and
McKain has not been able to collect or locate. After discussion, motion made
by Neely and second by McArthur to write-off bad debt in the amount of
$9,860.17. Ayes: McArthur, Neely, Poppert, and Rundel. Nays: None. Absent:
Frakes. Motion carried.
Library: No information provided for the
agenda. Evans provided the board with a copy of the library report. Evans
stated he has had several inquiries on having the ordinances online and he is
willing to format them to get them online. Rundel stated the village is in the
process of re-codification, at which time he believes the information would be
available for online access. Evans stated the board minutes have not been
posted for online viewing for over a year. Rundel handed Evans a new reporting
form for an account of library activity, which should be turned in weekly.
Planning Commission: No information provided for the
agenda. Evans reported that not all members were present for the meeting and
the Comprehensive Plan has not been reviewed.
El Dorado Board: Rundel stated that the El Dorado
Board is working with W Design and moving forward on the installation of a new
generator.
Housing Board – No information provided for the
agenda. Todd reported the housing units are currently full; however, several
openings will be coming in June or July.
Tree Board: No information provided for the
agenda. Rundel stated he attended the Tree City USA conference in Lincoln.
Rundel stated a forester workshop will be hosted in Trenton in the fall of
2016.
Board of Health: Rundel stated a hearing was conducted
and the issue has been resolved at this time.
Unfinished Business: Rundel stated he has not progressed
much on the wind turbine project due to unicameral being in session. Rundel
stated in the next 30-60 days the village needs to make a determination as to
who the electric supplier would be. Rundel stated a supplier would present
additional information at the May meeting. Rundel stated Frakes and Vrbas are
working to get plans for the advertisement of bids. Surveys have begun for the
water main project. Poppert stated the gazebo would be handicap accessible by
the end of May 2016. Rundel stated he has tried to contact the fire marshal on
codes for the building; however, he has been unsuccessful, but will continue to
try. Neely stated that Frakes and him have toured the town, removed a few from
the listing and added a few to the list, as well as, continue to monitor the
progress on properties. The airport is still awaiting approval for closure. Rundel
stated grant funding for recycling is still available; however, he is having
trouble finding ways to unload the items from a trailer. Rundel would like the
tree branch site to be the location for recycling; however, separation of items
will be an issue. It was mentioned that the tree branch site operator needed
to be aware of who and what was being deposited. Rundel sated the village
office basement has been cleaned up and that an overlay of the walls is
needed. After discussion it was determined to go ahead with the basement wall
repair at the village office.
Ordinance
and/or Resolution: Trustee
Neely introduced Ordinance No. 789. After the reading of the ordinance. Trustee
Neely made a motion which was seconded by Trustee McArthur to suspend the
statutory reading of the ordinance on three separate days. Ayes: McArthur, Neely,
Poppert, and Rundel. Nays: None. Absent: Frakes. Motion carried. Motion by
Neely with second by Poppert to pass and adopt Ordinance No. 789 on final reading.
Ayes: McArthur, Neely, Poppert, and Rundel. Nays: None. Absent: Frakes. Motion
carried. A true copy follows:
ORDINANCE
NO. 789
AN ORDINANCE AMENDING SECTION 6-101 OF
THE MINICIPAL CODE OF THE VILLAGE OF TRENTON, NEBRASKA RELATING TO LICENSURE OF
ANIMALS; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; AND PROVIDING FOR ITS
PUBLICATION AND EFFECTIVE DATE.
BE IT ORDAINED BY THE
CHAIRMAN AND THE VILLAGE BOARD OF
TRUSTEES OF THE VILLAGE OF TRENTON:
Section 1. That Section 6-101 of the
Municipal Code of the Village of Trenton, Nebraska is amended to read as
follows:
§6-101 DOGS/CATS; LICENSE. Any person who shall own, keep, or harbor a dog or
cat over the age of three (3) months within the Municipality shall within
thirty (30) days after acquisition of the said dog or cat acquire a license for
each such animal annually by or before the first day of January of each year.
The said tax shall be delinquent from and after January 10th;
provided the possessor of any dog or cat brought into or harbored within the
corporate limits subsequent to January 1st of any year, shall be
liable for the payment of the tax levied herein. Licenses shall be issued by
the Municipal Clerk upon the payment of a license fee of $5.00 for each dog or
cat (other than dangerous dog). Said license shall not be transferable and no
refund will be allowed in case of death, sale, or other disposition of the
licensed animal. The owner shall state at the time the application is made and
upon printed forms provided for such purpose, his name, and address and the
name, breed, color, and sex of each dog or cat owned and kept by him. A
certificate that the animal has had a rabies shot, effective for the ensuing
year of the license, shall be presented when the license is applied for an no license
or tag shall be issued until the certificate is shown.
Section 2. The
existing provisions of section 6-101 and all other Ordinances in conflict
herewith are repealed.
Section 3. This
Ordinance shall be effective upon its passage and publication as provided by
law.
Passed and adopted this 12th
day of April, 2016.
John
A. Rundel, Chairman
ATTEST: Trenton
Board of Trustees
Wendy L. McKain, Village Clerk
Trustee Neely introduced Ordinance No.
790. After the reading of the ordinance. Trustee Neely made a motion which was
seconded by Trustee McArthur to suspend the statutory reading of the ordinance
on three separate days. Ayes: McArthur, Neely, Poppert, and Rundel. Nays:
None. Absent: Frakes. Motion carried. Motion by Neely with second by Poppert
to pass and adopt Ordinance No. 789 on final reading. Ayes: McArthur, Neely,
Poppert, and Rundel. Nays: None. Absent: Frakes. Motion carried. A true copy
follows:
ORDINANCE
NO. 790
AN ORDINANCE AMENDING SECTION 6-501 OF
THE MINICIPAL CODE OF THE VILLAGE OF TRENTON, NEBRASKA RELATING TO THE
PENALTIES; PROVIDING FOR REPEAL OF ORDINANCE IN CONFLICE HEREWITH; AND
PROVIDING FOR ITS PUBLICATION AND EFFECTIVE DATE.
BE IT ORDAINED BY THE
CHAIRMAN AND THE VILLAGE BOARD OF
TRUSTEES OF THE VILLAGE OF TRENTON:
Section 1. That Section 6-501 of the
Municipal Code of the Village of Trenton, Nebraska is amended to read as
follows:
§6-501 VIOLATION; PENALTY. It shall be unlawful for any person to fail to
comply with the provisions herein, and every person failing to comply with, or
violating any of the provisions of this Chapter shall be deemed to be guilty of
a misdemeanor, and upon conviction thereof, shall for each offense, be fined in
any sum not exceeding five hundred ($500.00) dollars. Violations of Section
6-101, 6-106, 6-108 and 6-111, shall be fined a minimum of $25.00 on the first
offense, and a minimum of $50.00 for the second, and a minimum of $100.00 with
a maximum of $500.00 for each subsequent offense.
Section 2. The
existing provisions of section 6-501 and all other Ordinances in conflict
herewith are repealed.
Section 3. This
Ordinance shall be effective upon its passage and publication as provided by
law.
Passed and adopted this 12th
day of April, 2016.
John
A. Rundel, Chairman
ATTEST: Trenton
Board of Trustees
Wendy L. McKain, Village Clerk
Trustee Neely introduced Ordinance No.
791. After the reading of the ordinance. Trustee Neely made a motion which was
seconded by Trustee McArthur to suspend the statutory reading of the ordinance
on three separate days. Ayes: McArthur, Neely, Poppert, and Rundel. Nays:
None. Absent: Frakes. Motion carried. Motion by Neely with second by Poppert
to pass and adopt Ordinance No. 789 on final reading. Ayes: McArthur, Neely,
Poppert, and Rundel. Nays: None. Absent: Frakes. Motion carried. A true copy
follows:
ORDINANCE
NO. 791
AN ORDINANCE AMENDING OR ADDING
SECTIONS 6-104. 6-108, AND 6-122 THROUGH 6-142 OF THE MINICIPAL CODE OF THE
VILLAGE OF TRENTON, NEBRASKA RELATING TO THE LICENSURE, PENALTIES; DEFINES
DANGEROUS OR VICIOUS ANIMALS AND POTENTIALLY DANGEROUS ANIMALS’, AND PROVIDING
FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR ITS
PUBLICATION AND EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE BOARD OF
THE VILLAGE OF TRENTON:
Ordinance
No. 6-104, 6-108 and 6-122 through 6-127, Chapter 6 are hereby revoked and
replaced with the following Ordinance 6-104, 6-108, and 6-122 through 6-142
which reads as follows:
SECTION 6-104 DOGS; OWNER DEFINED. Owner means any person, partnership,
corporation or other legal entity owning, harboring or keeping any animal, or
in the case of a person under the age of eighteen (18), that person's parent or
legal guardian. An animal shall be deemed to be harbored if it is fed or
sheltered for three (3) or more consecutive days. This definition shall not
apply to any veterinary clinic or boarding kennel.
SECTION 6-108
DOGS; VICIOUS. It shall be unlawful
for any person to own, keep, or harbor any dog of a dangerous or ferocious
disposition that habitually snaps or manifests a disposition to bite, without
the said dog being securely held by a chain not over eight (8’) feet long. If
any vicious or dangerous dog is held, confined, or allowed to run at large, the
Village personnel shall have the authority to put the dog to death.
SECTION 6-122. AUTHORIZATION. This Ordinance is enacted pursuant to
the general police power, the authorities granted to cities and villages by the
Nebraska State Constitution and statutes.
SECTION 6-123. PURPOSE AND INTENT. The purposes of this Ordinance are to
promote the public health, safety, and general welfare of the citizens of the
Village of Trenton. It is intended to be applicable to “dangerous” dogs, as
defined herein, and to regulate dogs that are commonly referred to as “pit
bulls,” as defined herein, by ensuring responsible handling by their owners
through registration, confinement, and liability insurance.
SECTION 6-124. DEFINITIONS. When used in this Ordinance, the
following words, terms, and phrases, and their derivations shall have the
meanings ascribed to them in this Section, except where the context clearly
indicates a different meaning:
(a) Animal control officer
means any person employed or appointed by the Village who is authorized to
investigate and enforce violations relating to animal control or cruelty under
the provision of this Ordinance.
(b) “Running at large” shall
mean any dog found off the premises of the owner, and not under control of the
owner, or a responsible person, either by leash, cord, chain, wire, rope, cage,
or other suitable means of physical restraint.
(c) Dangerous dog means
any dog that, because of its aggressive nature, training or characteristic
behavior, presents a risk of serious physical harm or death to human beings, or
would constitute a danger to human life, physical well-being, or property if
not kept under the direct control of the owner. This definition shall not apply
to dogs utilized by law enforcement officers in the performance of their
duties. The term "dangerous dog" includes any dog that according
to the records of the Village Clerk, the Village Department of Animal
Control, or any law enforcement agency:
(1) Has aggressively bitten,
attacked, endangered, or inflicted severe injury on a human being on public or
private property, or when unprovoked, has chased or approached a person upon
the street, sidewalks, or any public grounds in a menacing fashion or apparent
attitude of attack, provided that such actions are attested to in a sworn statement
by one or more persons and dutifully investigated by any of the
above-referenced authorities;
(2) Has severely injured or
killed a domestic animal while off the owner's property; or
(3) Has been used primarily or
in part for the purpose of dog fighting, or is a dog trained for dog fighting.
(d) Direct control means
immediate, continuous physical control of a dog such as by means of a leash,
cord, secure fence, or chain of such strength to restrain the dog and
controlled by a person capable of restraining the dog, or safe and secure
restraint within a vehicle. If the controlling person is at all times fully
and clearly within unobstructed sight and hearing of the dog, voice control
shall be considered direct control when the dog is actually participating in
training or in an official showing, obedience, or field event Direct control
shall not be required of dogs actually participating in a legal sport in an
authorized area or to government police dogs.
(e) Director means the
Chairman of the Village Board and Department of Animal Control shall consist of
the Chairman of the Village Board, the other Village Board members and the
animal control officer.
(f) Impoundment means
the taking or picking up and confining of an animal by any police officer,
animal control officer or any other public officer under the provisions of
this Ordinance.
(g) Muzzle means a
device constructed of strong, soft material or of metal, designed to fasten
over the mouth of an animal to prevent the animal from biting any person or
other animal.
(h) Pit bull dog means
and includes any of the following dogs:
(1) The
Staffordshire Bull Terrier breed of dogs.
(2) The American
Staffordshire Terrier breed of dogs.
(3) The American
Pit Bull Terrier breed of dogs.
(4) Dogs that have the
appearance and characteristics of being predominately of the breeds of dogs
known as Staffordshire Bull Terrier, American Pit Bull Terrier, or American
Staffordshire Terrier.
(i) Owner means any
person, partnership, corporation or other legal entity owning, harboring or
keeping any animal, or in the case of a person under the age of eighteen (18),
that person's parent or legal guardian. An animal shall be deemed to be
harbored if it is fed or sheltered for three (3) or more consecutive days. This
definition shall not apply to any veterinary clinic or boarding kennel.
(j) Sanitary condition
means a condition of good order and cleanliness to minimize the possibility of
disease transmission.
(k) Under restraint
means that an animal is secured by a leash, led under the control of a person
physically capable of restraining the animal and obedient to that person's
commands, or securely enclosed within the real property limits of the owner's
premises.
SECTION 6-125. PROCEDURE FOR DECLARING
A DOG DANGEROUS.
(a) An animal control officer
or any adult person may request under oath that a dog be classified as
dangerous as defined in Section 6-124(c) by submitting a written complaint on a
form approved by the Director to the Department of Animal Control. Upon receipt
of such complaint, the Director shall notify the owner of the dog that a
complaint has been filed and that an investigation into the allegations as set
forth in the complaint will be conducted.
(b) At the conclusion of an
investigation, the Director may:
(1) Determine that the dog is
not dangerous and, if the dog is impounded, waive any impoundment fees incurred
and release the dog to its owner; or
(2) Determine that the dog is
dangerous and order the owner to comply with the requirements for keeping
dangerous dogs set forth in Section 6-130, and if the dog is impounded, release
the dog to its owner after the owner has paid all fees incurred for the
impoundment. If all impoundment fees have not been paid within ten (10)
business days after a final determination that a dog is dangerous, the Director
may cause the dog to be humanely destroyed.
SECTION 6-126. NOTIFICATION OF
DANGEROUS DOG DECLARATION.
(a) Within five (5) business
days after declaring a dog dangerous, the Director shall notify the owner by
certified mail or personal service by law enforcement or animal control officer
of the dog's designation as a dangerous dog and any specific restrictions and
conditions for keeping the dog, as set forth in Section 6-130 of this
Ordinance. The Director also shall notify the Sheriff’s Department of the
designation of any dog as a dangerous dog. Such notification shall describe the
dog and specify any particular requirements or conditions placed upon the dog
owner.
(b) The notice shall inform the
dog owner that he may request, in writing, a hearing to contest the Director's
finding and designation within five (5) business days after delivery of the
dangerous dog declaration notice.
(c) If the Director cannot with
due diligence locate the owner of a dog that has been seized pursuant to this
Ordinance, the Director shall cause the dog to be impounded for not less than
five (5) business days. If after five (5) days, the owner fails to claim the
dog, the Director may cause the dog to be humanely destroyed.
SECTION 6-127. HEARING ON DANGEROUD
DOG DECLARATION.
(a) The Department of Animal
Control shall hold a hearing within fifteen (15) business days after receiving
the dog owner's written request for such a hearing. The Department shall
provide notice of the date, time and location of the hearing to the dog owner
by certified mail or personal service by law enforcement or animal control
officer and to the complainant by regular mail.
(b) At a hearing, all
interested persons shall be given the opportunity to present evidence on the
issue of the dog's dangerousness. Criteria to be considered in a hearing
required by this Section shall include but not be limited to the following:
(1)
Provocation,
(2) Severity
of attack or injury to a person or domestic animal,
(3) Previous
aggressive history of the dog,
(4) Observable
behavior of the dog,
(5) Site
and circumstances of the incident, and
(6) Statements
from interested parties.
(c) A determination at a
hearing that the dog is in fact a dangerous dog as defined in Section 6-124(c)
shall subject the dog and its owner to the provisions of this Ordinance.
(d) Failure of the dog owner to
request a hearing shall result in the dog being finally declared a dangerous
dog and shall subject the dog and its owner to the provisions of this
Ordinance.
SECTION 6-129. APPEAL FROM DANGEROUS
DOG DECLARATION. If
the Director determines that a dog is dangerous at the conclusion of a hearing
conducted under Section 6-127, that decision shall be final unless the dog
owner applies to a court of competent jurisdiction for any remedies that may be
available within ten (10) days after receiving notice that the dog has been
finally declared dangerous. The appeal must be a trial de novo and shall be a
civil proceeding for the purpose of affirming or reversing the Director's
determination of dangerousness.
SECTION 6-130. KEEPING OF DANGEROUS
DOGS. The keeping of
a dangerous dog as defined in Section 6-124(c) shall be subject to the
following requirements:
(a) Leash. No person
having charge, custody, control or possession of a dangerous dog shall allow
the dog to exit its kennel, pen or other proper enclosure unless such dog is
securely attached to a leash not more than four (4) feet in length. No such
person shall permit a dangerous dog to be kept on a chain, rope or other type
of leash outside its kennel or pen unless a person capable of controlling the
dog is in physical control of the leash.
(b) Muzzle. It shall be
unlawful for any owner or keeper of a dangerous dog to allow the dog to be
outside of its proper enclosure unless it is necessary for the dog to receive
veterinary care or exercise. In such cases, the dog shall wear a properly
fitted muzzle to prevent it from biting humans or other animals. Such muzzle
shall not interfere with the dog's breathing or vision.
(c) Confinement. Except
when leashed and muzzled as provided in this Section, a dangerous dog shall be
securely confined indoors or confined in a locked pen or other secure enclosure
that is suitable to prevent the entry of children and is designed to prevent
the dog from escaping. The enclosure shall include shelter and protection from
the elements and shall provide adequate exercise room, light and
ventilation. The enclosed structure shall be kept in a clean and sanitary
condition and shall meet the following requirements:
(1) The structure must have
secure sides and a secure top, or all sides must be at least eight (8) feet
high;
(2) The structure must have a
bottom permanently attached to the sides or the sides must be embedded not less
than one (1) foot into the ground; and
(3) The structure must be of
such material and closed in such a manner that the dog cannot exit the
enclosure on its own.
(d) Indoor Confinement.
No dangerous dog shall be kept on a porch, patio or in any part of a house or
structure that would allow the dog to exit such building on its own volition.
In addition, no such dog shall be kept in a house or structure when the windows
or screen doors are the only obstacle preventing the dog from exiting the
structure.
(e) Signs. All owners,
keepers or harborers of dangerous dogs shall display in a prominent place on
their premises a sign easily readable by the public using the words
"DANGEROUS DOG."
(f) Liability Insurance,
Surety Bond. The owner of a dangerous dog shall present to the Department
of Animal Control proof that he has procured liability insurance or a surety
bond in the amount of not less than one hundred thousand dollars ($100,000)
covering any damage or injury that may be caused by such dangerous dog. The
policy shall contain a provision requiring that the Village be notified
immediately by the agent issuing the policy in the event that the insurance
policy is canceled, terminate or expires. The liability insurance or surety
bond shall be obtained prior to the issuing of a permit to keep a dangerous
dog. The dog owner shall sign a statement attesting that he shall maintain and
not voluntarily cancel the liability insurance policy during the twelve (12)
month period for which a permit is sought, unless he ceases to own or keep the
dog prior to the expiration date of the permit period. In the event that the
owner proves to the satisfaction of the Department of Animal Control that
insurance is not available, he/she shall pay a non-refundable cash fee in the
amount of one thousand dollars ($1,000) to the Village.
(g) Animals Born of
Registered Dogs. All offspring born of dangerous dogs registered with the
Department of Animal Control also must be registered with the Department within
six (6) weeks of birth.
(h) Notification of Escape.
The owner or keeper of a dangerous dog shall notify the Department of Animal
Control immediately if such dog escapes from its enclosure or restraint and is
at large. Such immediate notification shall also be required if the dog bites
or attacks a person or domestic animal.
(i) Failure to Comply.
It shall be unlawful and a misdemeanor for any owner of a dangerous dog
registered with the Department of Animal Control to fail to comply with the
requirements and conditions set forth in this Section. Any dog found to be in
violation of this Section shall be subject to immediate seizure and
impoundment. In addition, failure to comply with the requirements and
conditions set forth in this Ordinance shall result in the revocation of the
dog’s license and the permit providing for the keeping of such animal.
SECTION 6-131. PERMIT AND TAG
REQUIREMENTS FOR A DANGEROUS DOG.
(a) The owner of a dangerous
dog shall, within three (3) business days after the classification of the dog
as dangerous or upon acquisition of such a dog, obtain an annual permit from
the Department of Animal Control to harbor the dog. The fee for such permit
shall be twenty dollars ($20.00) per year.
(b) At the time the permit is
issued, a red Dangerous Dog tag shall be issued to the owner of the
dangerous dog. The tag shall be worn at all times by the dog to clearly and
easily identify it as a dangerous dog.
(c) The permit for maintaining
a dangerous dog shall be presented to an animal control officer upon demand.
SECTION 6-132. PIT BULL DOGS PRESUMED
DANGEROUS. There
shall be an irrefutable presumption that any dog registered with the Department
of Animal Control as a pit bull dog is a dangerous dog and is therefore subject
to the requirements of this Ordinance.
SECTION 6-133. NOTIFICATION OF INTENT
TO IMPOUND.
(a) When the Director of Animal
Control or his designee intends to impound a dog declared to be dangerous for
violation of Section 6-130 he shall notify the owner or custodian of the dog,
by certified mail or personal service by law enforcement or animal control
officer, of the intended impoundment at least five (5) business days prior to
the intended impoundment, except as provided in Section 6-134.
(b) The notice of intent to
impound shall inform the owner or custodian of the dog that he may request in
writing, within five (5) business days prior to the intended impoundment, a
hearing to contest the intended impoundment and finding of violation.
(c) Upon request by the owner or
custodian of the dog for a hearing pursuant to subsection (b), a hearing shall
be held within ten (10) business days after the request for a hearing. Notice
of the date, time and location of the hearing shall be provided by certified
mail or personal service by law enforcement or animal control officer to the
dog's owner or custodian requesting such hearing.
(d) If the owner or custodian
requests a hearing pursuant to subsection (b), no impoundment shall take place
until conclusion of the hearing, except as authorized in Section 6-134.
SECTION 6-134. IMMEDIATE IMPOUNDMENT.
(a) A dog declared to be
dangerous may be immediately impounded without a pre-impoundment hearing when
the Director of Animal Control or his designee determines such immediate
impoundment is necessary for the protection of public health or safety. Such
immediate impoundment may be ordered for violation of Section 6-124 or
when the dog bites a person or domestic animal.
(b) The owner or custodian of
the dog immediately impounded pursuant to subsection (a) shall be notified of
the impoundment by certified mail or personal service by law enforcement or
animal control officer within five (5) business days after the dog's
impoundment.
(c) The notice of impoundment
shall inform the owner or custodian of the dog that he may request, in writing,
a hearing to contest the impoundment within five (5) business days after the
mailing of the notice of impoundment.
(d) Upon request by the owner
or custodian of the dog for a hearing under subsection (c), a hearing shall be
held within ten (10) business days after such request. Notice of the date, time
and location of the hearing shall be provided by certified mail or personal
service by law enforcement or animal control officer to the dog owner requesting
the hearing.
SECTION 6-135. IMPOUNDMENT HEARING.
(a) If after a hearing on
impoundment, the Director or his designee finds no violation of Section 6-124,
or that the dog has not bitten an individual, the dog shall be returned to its
owner or custodian if already impounded, or shall not be impounded as intended.
(b) Incident to the findings
and conclusions made at the impoundment hearing, the Director or his designee
may impose reasonable restrictions and conditions for the maintenance of the
dog to ensure the health and safety of the public and the animal. Such
conditions may include, but shall not be limited to:
(1) Posting of bond or other
proof of ability to respond in damages;
(2) Specific requirements as to size,
construction and design of a kennel in which to house the dog;
(3) Requirements as to type and
method of restraint and/or muzzling of the dog;
(4) Photo identification or
permanent marking of the dog for purposes of identification; and
(5) Payment of reasonable fees to
recover the costs incurred by the Department of Animal Control in ensuring
compliance with this Ordinance.
SECTION 6-136. DESTRUCTION.
(a) The Director of Animal
Control or his designee may order the destruction of a dog that it determines
to be extremely dangerous to public health or safety, a dog that has made an
extremely vicious attack upon an individual, or a dog declared dangerous whose
owner is unable or unwilling to adequately restrain it.
(b) The Director or his
designee shall give written notice by certified mail or personal service by law
enforcement or animal control officer of his intention to destroy such dog to
the owner or custodian of the dog, who may request in writing, within ten (10)
business days after delivery of such notice, a hearing to contest the intended
destruction.
(c) If no hearing is requested
pursuant to subsection (b), the dog shall be destroyed pursuant to applicable
provisions of law.
(d) If a hearing is requested
pursuant to subsection (b), such hearing shall be held within ten (10) business
days after the request; and the dog shall not be destroyed prior to the
conclusion of the hearing.
(e) The dog owner shall be
responsible for payment of all boarding costs and other fees as may be required
for the Village to humanely and safely keep the animal during any legal
proceedings.
SECTION 6-137. APPEAL FROM ORDER OF
HUMANE DESTRUCTION.
If the Director or his designee orders
a dangerous dog to be humanely destroyed pursuant to Section 6-136, that
decision shall be final unless the dog owner applies to a court of competent
jurisdiction for any remedies that may be available within ten (10) days after
receiving notice of the destruction order. If an appeal is timely filed, the
Director shall suspend the destruction order pending the final determination of
the court. The appeal hearing must be a trial de novo and shall be a civil
proceeding for the purpose of affirming or reversing the Director's destruction
order.
SECTION 6-138. CHANGE OF OWNERSHIP.
(a) Any owner of a dangerous
dog who sells or otherwise transfers ownership, custody or residence of the dog
shall, within ten (10) business days after such change of ownership or
residence, provide Written notification to the Department of Animal Control of
the name, address and telephone number of the new owner. It also shall be the
responsibility of the person transferring ownership or custody of the dog to
provide written notification of the dog's classification as dangerous to the
person receiving the dog. The previous owner shall furnish a copy of such
notification to the Department of Animal Control along with written
acknowledgment by the new owner of his receipt of such notification. The
Director of Animal Control or his designee shall notify the Sheriff’s
Department of any changes of ownership, custody or residence of the dog within
three (3) business days after receiving the required information from the
previous dog owner.
(b) Any person receiving a dog
classified as dangerous must obtain the required permit, tag and enclosure
prior to acquisition of the dog. The new owner shall comply fully with the
provisions of this Ordinance pertaining with obtaining liability insurance,
payment of fees, and maintenance, control and ownership of a dangerous dog.
SECTION 6-139. CONTINUTION OF
DANGEROUD DOG DECLARATION. Any
dog that has been declared dangerous by any agency or department of this
Village, another municipality, county, or state shall be subject to the
provisions of this Ordinance for the remainder of its life. The person owning
or having custody of any dog designated as a dangerous dog by any municipality,
county, or state government shall notify the Department of Animal Control of
the dog's address and conditions of maintenance within ten (10) days of
moving the animal into the Village of Trenton. The
restrictions and conditions of maintenance of any dog declared dangerous by
this Village, another municipality, county, or state shall remain in force
while the dog remains in the Village.
SECTION 6-140. CONFLICTING ORDINANCES.
All other ordinances
of the Village of that are in conflict with this Ordinance are hereby repealed
to the extent of such conflict.
SECTION 6-141. SEVERABILITY. The provisions of this Ordinance are
declared to be severable. If any section, sentence, clause, or phrase of the
Ordinance shall for any reason be held to be invalid or unconstitutional by a
court of competent jurisdiction, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance, but
they shall remain in effect; it being the legislative intent that this
Ordinance shall remain in effect notwithstanding the validity of any part.
SECTION 6-142. DOGS AND CATS; NUISANCE. The keeping, harboring, feeding, or
ownership of more than three dogs six months of age or older, or more than
three cats six months of age or older within the corporate limits of the
Village is unlawful, and declared to be a nuisance.
This
Ordinance shall be in full force and effect from and after its passage,
approval and publication according law.
Passed and
approved this 12th day of April, 2016.
John A. Rundel, Chairman
Attested to:
Wendy L. McKain, Village Clerk
New
Business: Motion made
by Poppert and second by McArthur to sign the proclamation for sexual assault
awareness month. Ayes: McArthur, Neely, Poppert, and Rundel. Nays: None. Absent:
Frakes. Motion carried.
PROCLAMATION
WHEREAS, sexual violence
affects every child and adult in Trenton, as a victim/survivor or as a family
member, significant other, neighbor, employer and/or co-worker of a
victim/survivor; and
WHEREAS, Sexual Assault
Awareness Month is intended to draw attention to the fact that sexual violence
is a devastating and intolerable crime affecting all races, ages, cultures,
economic situations and abilities; and
WHEREAS, sexual violence is a major
social problem in homes, schools and communities across the nation, resulting
in countless physical, mental and other health consequences; and
WHEREAS, no one person, organization
agency or community can eliminate sexual violence on their own, but we can work
together to educate our entire population about what can be done to prevent
sexual violence, support victim/survivors and their significant others, help
hold perpetrators accountable, and increase support for agencies providing
services to victims/survivors; and
WHEREAS, it is important to encourage
healthy, non-violent interactions and diminish aspects of society that promote
and support sexual violence; and
WHEREAS, Sexual Assault Awareness
Month provides an excellent opportunity for citizens to learn more about
preventing sexual violence; and
WHEREAS, Domestic Abuse Sexual Assault
Services is dedicated to the elimination of sexual violence through prevention
and community action throughout southwest Nebraska, promoting equality, safety
and respect among all individuals and helping to empower all sexual assault
victims/survivors.
NOW THEREFORE, I, John A. Rundel,
Chairperson, do hereby proclaim the Month of April as Sexual Assault Awareness
Month in the Village of Trenton and urge the citizens of our community to help
eliminate sexual violence by working together to support victims/survivors and
promote social change.
In witness thereof I have hereunto
Set my hand and caused this seal to be affixed
Signed this 12th day of
April, 2016
ATTEST:
Wendy L. McKain John
A. Rundel
Village Clerk/Treasurer Chairman
Board of Trustees
Motion
made by McArthur and second by Poppert to sign the proclamation for Arbor Day.
Ayes: McArthur, Neely, Poppert, and Rundel. Nays: None. Absent: Frakes. Motion
carried.
PROCLAMATION
WHEREAS, In 1872 Sterling
Morton proposed to the Nebraska Board of Agriculture that a special day be set
aside for the planting of trees, and
WHEREAS, this holiday,
called Arbor Day, was first observed with the planting of more than a million
trees in Nebraska; and
WHEREAS, Arbor Day is now observed
throughout the nation and world; and
WHEREAS, trees can reduce the erosion
of our precious topsoil by wind and water, cut heating and cooling costs,
moderate the temperature, clean the air, produce oxygen and provide habitat for
wildlife; and
WHEREAS, trees are a renewable
resource giving us paper, wood for our homes, fuel for our fires and countless
other wood products; and
WHEREAS, trees in our city increase
property values, enhance the economic vitality of business areas, and beautify
our community; and
WHEREAS, trees are a source of joy and
spiritual renewal; and
WHEREAS, Trenton has been recognized
as a Tree City USA by the National Arbor Day Foundation and desires to continue
its tree-planting ways.
NOW THEREFORE, I, John A. Rundel,
Chairperson, do hereby proclaim the 29th day of April, 2016 as Arbor
Day in the Village of Trenton and urge the citizens to support efforts to care
for our trees and woodland and to support our village’s community forestry
program, and
FURTHER, I urge all citizens to plant
trees to gladden the hearts and promote the well-being of present and future
generations.
In witness thereof I have hereunto
Set my hand and caused this seal to be affixed
Signed this 12th day of
April, 2016.
ATTEST:
Wendy L. McKain John
A. Rundel
Village Clerk/Treasurer Chairman
Board of Trustees
Motion
made by Neely and second by Poppert to sign the proclamation for Clerk’s Week.
Ayes: McArthur, Neely, Poppert, and Rundel. Nays: None. Absent: Frakes. Motion
carried.
PROCLAMATION
WHEREAS, The Office of the
Municipal Clerk, a time honored and vital part of local government exists
throughout the world, and
WHEREAS, The Office of the
Municipal Clerk is the oldest among public servants; and
WHEREAS, The Office of the Municipal
Clerk provides the professional link between the citizens, the local governing
bodies and agencies of government at other levels; and
WHEREAS, Municipal Clerks have pledged
to be ever mindful of their neutrality and impartiality, rendering equal
service to all.
WHEREAS, The Municipal Clerk serves as
the information center on functions of local government and community.
WHEREAS, Municipal Clerks continually
strive to improve the administration of the affairs of the Municipal Clerk
through participation in education programs, seminars, workshops and the annual
meetings of their state, province, country and international professional
organizations.
WHEREAS, It is most appropriate that
we recognize the accomplishment of the Office of the Municipal Clerk.
NOW
THEREFORE, I, John A. Rundel, Chairperson of Village of Trenton Board of
Trustees, do hereby proclaim the week of May 1, 2016 through May 7, 2016, as
Municipal Clerks Week and further extend appreciation of our Municipal Clerk,
Wendy L. McKain and Deputy Clerk, Samantha Rife, and to all Municipal Clerks
for the vital services they perform and their exemplary dedication to the
communities they represent.
In witness thereof I have hereunto
Set my hand and caused this seal to be affixed
Signed this 12th day of
April, 2016.
ATTEST:
Wendy L. McKain John
A. Rundel
Village Clerk/Treasurer Chairman
Board of Trustees
Discussion
was made on the summer hours for the Tree Branch Site. Motion made by McArthur
and second by Neely for the site to be open on Tuesday, Thursday, and Saturday
from May to October 2016 and a free clean-up day for May 7, 2016. Ayes:
McArthur, Neely, Poppert, and Rundel. Nays: None. Absent: Frakes. Motion
carried. Discussion was made on the insurance policy for the Riverside Arena.
Motion made by Neely and second by McArthur to sign the policy and use keno
funds for payment of $2,043.52. Ayes: McArthur, Neely, Poppert, and Rundel.
Nays: None. Absent: Frakes. Motion carried. Two volunteer fire fighter
applications were received. Motion made by McArthur and second by Poppert to
accept and approve the applications of C. Baker and J. Heffner for village
firefighter. Ayes: McArthur, Neely, Poppert, and Rundel. Nays: None. Absent:
Frakes. Motion carried. Motion made by Neely and second by Poppert to enter
into executive session at 7:50pm to discuss employee evaluations and
performance. Ayes: McArthur, Neely, Poppert, and Rundel. Nays: None. Absent:
Frakes. Motion carried. Motion made by Neely and second by McArthur to exit
out of executive session at 8:25pm. Ayes: McArthur, Neely, Poppert, and Rundel.
Nays: None. Absent: Frakes. Motion carried. Discussion was made on wages.
Motion made by Neely and second by McArthur to increase clerk/treasurer to
$20.44 per hour, deputy clerk to $10.42 per hour, utility superintendent to
$21.26 per hour, maintenance person to $14.94 per hour, and trash/mowing person
to $10.61 per hour beginning April 18, 2016. Ayes: McArthur, Neely, Poppert,
and Rundel. Nays: None. Absent: Frakes. Motion carried. Discussion was made
on the deputy clerk becoming a full-time position effective June, 2016.
Correspondence: Arbor Day Foundation, El Dorado
Newsletter, Domestic Abuse/Sexual Assault Services, PIREPS Newsletter, Quail
Forever, Rural Electric Nebraska, Tree City USA Bulletin #12, USDA News Release
– Loans & Grants, Utility Service Group – 2017 tank cleaning, Zero Waste
Webinar Series
Motion made by Neely and second by
McArthur to approve Operating claims, KENO claims, and Library claims. Ayes: McArthur,
Neely, Poppert, and Rundel. Nays: None. Absent: Frakes. Motion carried.
OPERATING CLAIMS:
1. payroll (2 pay
periods).............................................................................. $11,577.03
2. EFTPS, FED (March
payroll tax).................................................................. 2,728.14
3. NE Dept. of Revenue
(March payroll tax)....................................................... 324.21
4. NE Dept. of Revenue
(March sales tax)....................................................... 3,401.83
5. Aflac (Sup. Ins.
April).......................................................................................... 32.70
6. American Agricultural
Lab (water samples)....................................................... 17.50
7. American Funds (March
IRA).......................................................................... 213.92
8. Blue Cross Blue
Shield (March premium medical/dental)............................ 1,648.85
9. C&K Distributers
(parts)...................................................................................... 33.44
10. City of McCook
(transfer station tickets)...................................................... 2,139.00
11. Colonial Life (Sup.
Ins.)...................................................................................... 40.48
12. D & L Pest
Control.............................................................................................. 53.00
13. Dewey, Nadine
(library payroll)........................................................................ 290.90
14. Eakes Office Plus
(Printer).............................................................................. 450.00
15. Evans, Larry (library
payroll)............................................................................ 265.96
16. Farmers Co-op
(fuel/shop supplies)................................................................. 822.56
17. Farmers Co-op
(Prepaid Propane).........................................................................
a. Library.................................................................................................... (38.94)
b. Sewer Plant......................................................................................... (295.00)
18. First Bankcard
(software, parts)....................................................................... 180.19
19. Frakes, Richard
(Mileage, Key)......................................................................... 60.60
20. Gebers, Allen (Key
refund)................................................................................. 10.00
21. Great Plains
Communications (Phone/internet)............................................... 354.16
22. Harders Skidsteer
(bobcat oil/filters)................................................................ 114.43
23. Hay, Billy (building
repairs)............................................................................ 1,192.50
24. Hitchcock County
Treasurer (1st half 2015 Taxes)............................................ 71.32
25. Huber, Renae (Refund
– El)............................................................................... 54.51
26. Ideal Linen Supply
(shop towels)........................................................................ 17.26
27. J.P. Cook (Animal
Tags).................................................................................... 62.76
28. JacobsenOrr (Legal
fees)................................................................................. 822.85
29. Janousek, Les (Key
refund)............................................................................... 10.00
30. Lang Diesel (mower
parts)............................................................................... 178.66
31. League Assoc Risk
Mgmt (Wrks comp audit).............................................. 1,662.19
32. Lifetime Benefit
solutions (March vision premium)............................................ 53.34
33. MARC (towels)................................................................................................... 71.69
34. MNB (March IRA)............................................................................................ 332.16
35. Midlands Toxicology
(random test).................................................................... 95.00
36. National Insurance
(March life, ad&d prem)...................................................... 19.17
37. NE Dept. Public
Health (pool operator class, McKain,Vrbas)............................ 80.00
38. NE Dept of Revenue
(Lottery License)............................................................ 100.00
39. OneCall (locates)................................................................................................ 22.95
40. Orscheln (shop
supplies).................................................................................... 24.99
41. Pedersen, Barry (Key
refund)............................................................................ 10.00
42. Schroeder &
Schroeder (Attorney fees)....................................................... 1,967.57
43. Scoop Media
(Publications/subscription)......................................................... 971.10
44. Southwest Fertilizer
(Prepaid propane)
a. Fire Barn........................................................................................... (2,862.09)
b. Light Plant............................................................................................ (373.95)
45. SWPPD (Mar billing
$40,546.51; airport $28.52; north well $182.46;
south well $421.13)...................................................................................... 41,178.62
46. Top Office (copier
supplies)............................................................................. 111.33
47. Verizon (March
billing)...................................................................................... 177.65
48. Village of Trenton (utilities)............................................................................ 2,581.58
49. W Design Associates
(Superintendent fees)................................................. 1,000.00
50. Wayne’s Tree Service
(ball park tree trimming)........................................... 3,000.00
51. Whaley, Dean (key
refund)................................................................................ 20.00
52. Yonkers, Bob (key
refund)................................................................................. 10.00
EDM CLAIMS (EDM Checking
Account):
NONE
KENO CLAIMS (Keno Checking
Account):
K1. Amfirst
Insurance Services (Arena Ins renewal).......................................... 2,043.52
LIBRARY CLAIMS (Library
checking account):
L1. First
Bankcard (amazon purchases) ................................................................ 206.06
L2. Petty cash
(per L. Evans no check to be issued for napkins/plates).................... 6.59
With no further business, motion made
by McArthur and second by Neely to adjourn meeting at 8:40pm. Ayes: McArthur, Neely,
Poppert and Rundel. Nays: None. Absent: Absent. Motion carried.
Next regular meeting will be May 10,
2016 at 6:30pm in the Village Office.
John
A. Rundel, Chairman
Trenton Board of Trustees
ATTEST:
Wendy L. McKain, Village Clerk
